HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
HARAK CHAND J.GOLECHA – Appellant
Versus
BABULAL B TATER – Respondent
JUDGMENT
The present Second Appeal arises out of the judgment and decree of the Court of the learned VII Additional City Civil Judge at Chennai in A.S.No.27 of 2010, dated 24.06.2011 in confirming the judgment and decree of the Court of the learned XI Assistant City Civil Judge at Chennai in O.S.No.6711 of 2007, dated 24.08.2009.
2. O.S.No.6711 of 2007 was presented for the relief of :
(a) Bare recovery of possession of 1383 Sq.ft. of the portion marked in the sketch attached with the plaint and (b) for payment of cost.
3. The case of the plaintiff is that the property was originally owned by one S.Thirugnanam and his mother, S.Rukmani. The total extent of the property is about 1 ground and 1250 Sq.ft. He had entered into an agreement with S.Thirugnanam and his mother, S.Rukmani on 27.08.1990. The plaintiff claims that he had paid a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the aforesaid persons.
4. The plaintiff claimed that, dehors this agreement of sale, he had entered into a lease agreement with S.Thirugnanam and S.Rukmani on 15.09.1993. Thereby, he became a tenant of 0.75 grounds marked 'B' in the schedule property. An agreement had been entered in the year 1993 and the agree
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